Electronic service of judicial and extrajudicial documents in cross-border cases in Regulation No. 2020/1784

Abstract

As of July 1, 2022, the service of judicial and extrajudicial documents in cross-border disputes in the European Union has been regulated by Regulation No. 2020/1784. The service of judicial and extrajudicial documents by electronic means is explicitly regulated by Art. 19 of Regulation No. 2020/1784. This is a new solution under EU law, as the catalog of methods of service adopted in Regulation No. 1393/2007 did not provide for the possibility of serving judicial and extrajudicial documents electronically. The primary purpose of electronic service of judicial and extrajudicial documents in cross-border cases adopted in Regulation No. 2020/1784 is to further improve and expedite the transmission, as well as service of documents between member states. The admissibility of service of documents by electronic means pursuant to Art. 19 Sec. 1 Point a or Art. 19 Sec. 1 Point b of Regulation No. 2020/1784 is subject to the addressee’s prior express consent.